A. Administration And Enforcement Officials:
1. Zoning Administrator: The city planner, or other person so designated by the city council, shall be the zoning administrator for the purposes of the administration of this article.
2. Board Of Adjustments And Appeals: The city council shall serve as the board of adjustments and appeals. Its authority and governing procedure shall be as stipulated in section 10-3-7 of this title.
B. Permits:
1. Building Permits: A building permit in conformance with the provisions of this article shall be required prior to the erection, addition, modification, rehabilitation (including normal maintenance and repair) or alteration of any building, structure, or portion thereof; prior to the use or change of use of a building, structure, or land; prior to the construction of a dam, fence, or on site septic system; prior to the change or extension of a nonconforming use; prior to the repair of a structure that has been damaged by flood, fire, tornado, or any other source; and prior to the placement of fill, excavation materials, or the storage of materials or equipment within the floodplain. Said permit must be approved by the chief building official only after review by the zoning administrator. A building permit must also be approved in the same manner prior to the change of use of a building or land.
2. Fill/Excavation Permits: Prior to the placement of fill or the excavation of material within the floodplain, an excavation permit pursuant to title 9, chapter 4 of this code must be approved by the director of public works only after review by the zoning administrator. Said permit must be found to be in conformance with the provisions of this article.
3. State And Federal Permits: Prior to granting a building permit, excavation permit, conditional use permit, variance or subdivision approval, the applicant shall provide verification to the zoning administrator that all necessary state and federal permits have been obtained.
4. Conditional Use Permits:
a. Conditional use permits, as required by this article, shall be processed according to the provisions of chapter 3, article A of this title. Conditional use permits shall be reviewed for consistency with the general criteria contained in said chapter 3, article A of this title. Conditional use permits shall also satisfy the applicable conditional use criteria listed in this article.
b. The zoning administrator shall submit by mail to the commissioner of natural resources a copy of the application for proposed conditional use permits sufficiently in advance so that the commissioner will receive at least ten (10) days' notice of hearing.
c. The city council may also consider the following relevant factors in review of a conditional use permit application:
(1) The danger to life and property due to increased flood heights or velocities caused by encroachments.
(2) The danger that materials may be swept onto other lands or downstream to the injury of others.
(3) The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions.
(4) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.
(5) The importance of the services provided by the proposed facility to the community.
(6) The requirements of the facility for a waterfront location.
(7) The availability of alternative locations not subject to flooding for the proposed use.
(8) The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.
(9) The relationship of the proposed use to the comprehensive plan and floodplain management program for the area.
(10) The safety of access to the property in times of flood for ordinary and emergency vehicles.
(11) The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site.
(12) Such other factors which are relevant to the purposes of this article.
d. Upon consideration of the factors listed above and the purposes of this article, the city council may attach such conditions to the granting of conditional use permits as it deems necessary to fulfill the purposes of this article. Such conditions may include, but are not limited to, the following:
(1) Modification of waste disposal and water supply facilities.
(2) Limitations on period of use, occupancy and operation.
(3) Imposition of operational controls, sureties and deed restrictions.
(4) Requirements for construction of channel modifications, dikes, levees, and other protective measures.
(5) Floodproofing measures in accordance with the state building code. The applicant shall submit a plan or document certified by a registered professional engineer or architect that the floodproofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area.
5. Requirements For All Permits:
a. Certificate Of Zoning Compliance: It shall be unlawful to use, occupy, or permit the use or occupancy of any building or premises or part thereof hereafter created, erected, changed, converted, altered, or enlarged in its use or structure until a certificate of zoning compliance shall have been issued by the zoning administrator stating that the use of the building or land conforms to the requirements of this article.
b. Compliance With Approved Plans: All building permits, excavation permits, conditional use permits, or certificates of zoning compliance issued on the basis of approved plans and applications only authorize the use, arrangement, and construction set forth in such approved plans and applications. Any use, arrangement or construction at variance with that authorized shall be deemed a violation of this article and punishable as provided by subsection E of this section.
c. Certification: The applicant shall be required to submit certification by a registered professional engineer, registered architect, or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this article. Floodproofing measures shall be certified by a registered professional engineer or registered architect.
d. Record Of First Floor Elevation: The zoning administrator shall maintain a record of the elevation of the lowest floor (including basement) of all new structures and alterations or additions to existing structures in the floodplain. The zoning administrator shall also maintain a record of the elevation to which structures and alterations or additions to structures are floodproofed.
e. Notifications For Watercourse Alterations: The zoning administrator shall notify in riverine situations, adjacent communities and the commissioner of the department of natural resources prior to the community authorizing any alteration or relocation of a watercourse. If the applicant has applied for a permit to work in the beds of public waters pursuant to Minnesota statute, chapter 103G, this shall suffice as adequate notice to the commissioner of natural resources. A copy of said notification shall also be submitted to the Chicago regional office of the federal emergency management agency (FEMA).
f. Notification To FEMA When Physical Changes Increase Or Decrease The 100-Year Flood Elevation: As soon as is practical, but not later than six (6) months after the date such supporting information becomes available, the zoning administrator shall notify the Chicago regional office of FEMA of the changes by submitting a copy of said technical or scientific data.
C. Variances:
1. Variances from the strict provisions of this article may be approved by the board of adjustments and appeals pursuant to section 10-3-4 of this title.
2. The board of adjustments and appeals may prescribe appropriate conditions such as those specified in subsection B4c of this section.
3. No variance shall have the effect of allowing in any district uses prohibited in that district, permit a lower degree of flood protection than the regulatory flood protection elevation for the particular area, or permit standards lower than those required by state law.
4. The zoning administrator shall submit by mail to the commissioner of natural resources a copy of the application for proposed variances sufficiently in advance so that the commissioner will receive at least ten (10) days' notice of hearing.
5. A copy of all decisions granting variances shall be forwarded by mail to the commissioner of natural resources within ten (10) days of such action.
6. The zoning administrator shall notify the applicant for a variance that: a) the issuance of a variance to construct a structure below the base flood level will result in an increased premium rate for flood insurance up to amounts as high as twenty five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage; and b) such construction below the 100-year or regional flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions.
7. The zoning administrator shall submit an annual report of all variance actions during that year to the administrator of the national flood insurance program.
8. The following additional variance criteria of the federal emergency management agency must be satisfied:
a. Variances shall not be issued within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result.
b. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
c. Variances shall only be issued by a community upon: 1) showing a good and sufficient cause, 2) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and 3) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
D. Amendments:
1. The floodplain designation on the official zoning map shall not be removed from floodplain areas unless it can be shown that the designation is in error or that the area has been filled to or above the elevation of the regulatory flood protection elevation and is contiguous to lands outside the floodplain. Special exceptions to this rule may be permitted by the commissioner of natural resources if he determines that, through other measures, lands are adequately protected for the intended use.
2. All amendments to this article, including amendments to the official zoning map, must be submitted to and approved by the commissioner of natural resources prior to adoption.
3. Changes in the official zoning map must meet the federal emergency management agency's (FEMA) technical conditions and criteria and must receive prior FEMA approval before adoption. The commissioner of natural resources must be given ten (10) days' written notice of all hearings to consider an amendment to this article, and said notice shall include a draft of the amendment or technical study under consideration.
E. Violations And Enforcement:
1. Violation of the provisions of this article or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional use permits) shall constitute a misdemeanor and shall be punishable as defined by law.
2. Nothing contained herein shall prevent the city council from taking such other lawful action as is necessary to prevent or remedy any violation. Such actions may include, but are not limited to:
a. In responding to a suspected violation of this article, the zoning administrator and city council may utilize the full array of enforcement actions available to it including, but not limited to, prosecution and fines, injunctions, after the fact permits, orders for corrective measures or a request to the national flood insurance program for denial of flood insurance availability to the guilty party. The community must act in good faith to enforce these official controls and to correct ordinance violations to the extent possible so as not to jeopardize its eligibility in the national flood insurance program.
b. When violation of this article is either discovered by or brought to the attention of the zoning administrator, the zoning administrator shall immediately investigate the situation and document the nature and extent of the violation of the official control. As soon as is reasonably possible, this information will be submitted to the appropriate department of natural resources and federal emergency management agency regional office along with the city's plan of action to correct the violation to the degree possible.
c. The zoning administrator shall notify the suspected party of the requirements of this article and all other official controls and the nature and the extent of the suspected violation of these controls. If the structure and/or use is under construction or development, the zoning administrator may order the construction or development immediately halted until a proper permit or approval is granted by the city council. If construction or development is already completed, then the zoning administrator may either: 1) issue an order identifying the corrective actions that must be made within a specified time period to bring the use or structure into compliance with the official controls; or 2) notify the responsible party to apply for an after the fact permit/development approval within a specified period of time not to exceed thirty (30) days.
d. If the responsible party does not appropriately respond to the zoning administrator within the specified period of time, each additional day that lapses shall constitute an additional violation of this article and shall be prosecuted accordingly. The zoning administrator shall also, upon the lapse of the specified response period, notify the landowner to restore the land to the condition that existed prior to the violation of this article. (Ord. 1243, 10-24-2011)